Wagaman v. Security Mutual Life Insurance
Missouri Court of Appeals
Appeal from Carroll Circuit Court.— Eon. John P. Butter, Judge. (1) The court erred in the admission of evidence. Speer v. Burlingame, 61 Mo. App. 75; Collins v. Todd, 17 Mo. 537; Tucker v. Frederick, 28 Mo. 574. (2) The demurrer to the evidence at the close of plaintiff’s case, as also defendant’s instruction of a like nature should have been sustained and given, and in their refusal the court erred.
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Appeal from Carroll Circuit Court.— Eon. John P. Butter, Judge. (1) The court erred in the admission of evidence. Speer v. Burlingame, 61 Mo. App. 75; Collins v. Todd, 17 Mo. 537; Tucker v. Frederick, 28 Mo. 574. (2) The demurrer to the evidence at the close of plaintiff’s case, as also defendant’s instruction of a like nature should have been sustained and given, and in their refusal the court erred. (3) The court improperly declared the law for the plaintiff to defendant’s prejudice, and wrongfully refused to declare the law as requested by the defendant and by reason whereof the court,…
1Opinion of the CourtBboaddus, J.
— This suit is to recover premiums paid by plaintiff to defendant for the alleged wrongful cancellation by the latter of his life insurance policy for $1,000, dated January 24, 1891. The policy fee and a premium were paid in advance and by the terms of the policy the sum of $4.35 was to be paid in advance on the 24th day of April, July and October of each year during the life of the policy.
*619The written application of plaintiff to defendant, upon which said policy was issued, contained this provision : ‘ ‘ Should the applicant fail to pay any dues or premiums on or before the day on which the…
2Cases cited10 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Bridges v. StephensSupreme Court of Missouri · 1896
- Lindell v. RokesSupreme Court of Missouri · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- Wallace v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Courtney v. Fidelity Mutual Aid Ass'nMissouri Court of Appeals · 1906
- Crowder v. ContinentaL Casualty Co.Missouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.